MONTGOMERY - Eleven of 12 jurors wanted to convict Rep. Sue Schmitz, D-Toney, of arranging a bogus job for herself with a community college program, jurors said Tuesday.

One day after a mistrial was declared in the case, the lone holdout said that he didn't think the former high school government teacher intended to defraud anyone, and he had trouble believing a government witness who had struck a cooperation deal with prosecutors.

"In my heart of hearts, I feel she is innocent. I don't think she's that kind of lady," Earl Jordan of Huntsville said.

U.S. District Judge David Proctor declared a mistrial Monday after the jury indicated for a third time in notes to him that they were unable to reach a unanimous verdict. The jury had deliberated for 24 hours over four days.

Federal prosecutors accused Schmitz, 63, of using her political connections to arrange a job for herself with the Community Intensive Training for Youth (CITY) Program, which tutors young people referred by the juvenile court system. Prosecutors told jurors Schmitz was paid $177,251 over 3½ years in her public affairs position but did little or no work.

Schmitz was charged with four counts of fraud involving a program that receives federal funds and four counts of mail fraud. She was the first member of the Alabama Legislature to go to trial in connection with a federal probe of the two-year college system.

Jordan, a retired health and safety representative for a manufacturer, said 11 members of the jury were in favor of a "compromise" to find Schmitz guilty of one count of fraud.

"I couldn't convict her," Jordan said.

Jordan said he was felt Schmitz wasn't getting enough input from her supervisors. He said he was impressed by defense testimony that Schmitz approached a corporation and others about donating computers to CITY.

"She got computers for them. She got buses for them...She did everything they asked. They didn't give her no direction," Jordan said.

Jordan said he had difficulty believing the testimony of former two-year college Chancellor Roy Johnson, who struck a cooperation deal to exclude his family from being prosecuted.

"He's trying to save his wife and his kids. ... I just threw that out completely," Jordan said of Johnson's testimony.

Another juror confirmed the 11-1 split, but declined to discuss the deliberations.

The jury sent Proctor a note that one juror refused to participate in discussions.

"That was a lie," Jordan said. He said he felt that may have been an attempt to get him removed from the jury and replaced with an alternate.

Federal prosecutors, who had opposed the mistrial declaration, had asked Proctor on Monday to investigate if a juror was thwarting his duty to participate.

Proctor reminded jurors of their responsibility. The federal judge said since he had gotten no further complaints about a juror's participation after his reminder, the proper response to the deadlock was to declare a mistrial.

Huntsville lawyer Jake Watson, who represented Schmitz, told the Associated Press that the ordeal has been hard on Schmitz.

"I think that whenever you're charged by the United States government you have not only financial hardship, but emotional hardship," he said. "I think that this prosecution needs to end now, and we would hope that the government would reconsider and not pursue this further."

U.S. Attorney Alice Martin said prosecutors intend to bring the case back to trial.

"I thank the jury for their service. While disappointed they were unable to reach a verdict, the United States stands ready to retry this important case at the court's earliest setting," she said Tuesday in a statement.

Proctor discussed with lawyers a possible trial date in late 2008, but did not set a firm timeline.

The timing of a second case could potentially be an issue. The looming presidential election could potentially bring a new U.S. attorney to the Northern District of Alabama.